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2024 Supreme(Del) 262

MANMOHAN, MANMEET PRITAM SINGH ARORA
Raj Kumar Malhotra – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Kuljeet Rawal and Mr. Aditya Joshi, Advocates, for the Appellant.
Mr. Samar Kachwaha, Mr. Raghavendra M. Bajaj, Ms. Shivangi Nanda, Ms. Rini Mehra and Mr. Prayuj Sharma, Advocates for R-2 to 4.

JUDGMENT

Manmohan, A.C.J. (Oral)

1. The present appeal has been filed under Section 10 of Delhi High Court Act, 1966 (`Act of 1966') impugning the order dated 5th January, 2024 passed in Test Cas No. 47/2000 (`Impugned Order') whereby the learned Single Judge directed the official witness i.e., PW-17 [officer of Union Bank of India] to trace the relevant record with regards to the two saving bank accounts of late Shri Kasturi Lal Malhotra for the years 1999-2004 as expeditiously as possible and latest within four weeks from the date of the said order, failing which the Local Commissioner has been directed to close the evidence of PW -17.

2. Appellant is the son of late Shri Kasturi Lal Malhotra, who expired on 13th September 1999. The Appellant filed TEST CAS No. 47/2000 to prove the registered Will dated 18th January, 1999 said to be executed by his deceased father. The issues were framed on 03rd July, 2009 and the recording of evidence commenced before the Local Commissioner in August, 2009, but remains pending. The Appellant has completed recording the evidence of sixteen witnesses and the issue in the present appeal is with respect to time bound directions to the last witness PW-1

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